Bartolic Law handles all types of ERISA § 502(a) litigation on behalf of individuals. Michael Bartolic is widely respected by colleagues and courts for his ability to present complex issues of benefit plan interpretation in easy to comprehend frameworks. He is often asked by non-ERISA lawyers to assist in cases that involve ERISA issues. While mainly focusing on his core practice areas, Michael has an endless interest in identifying new ways to protect individuals from employers and benefit plans stripping away their rights. Some of our ERISA § 502(a) Litigation includes:
Michael Bartolic works on ERISA class actions on a very select basis. He currently serves as co-lead class counsel in a severance benefit plan class action representing hundreds of former employees of a multibillion-dollar company. The case originated with two individuals referred by another firm, and Michael identified it as a class action shortly after taking the case over. Michael defeated multiple attempts to deny an amendment to class status, motions to dismiss, and got the class certified on three separate legal theories.
Michael Bartolic was trained at an elite Chicago-based firm where he learned defense strategies, which he leverages to now overcome them. He is often under-estimated by large firm counterparts.
Michael Bartolic understands how complex cases often turn on the quality of discovery and can handle hotly contested disputes over the scope of discovery. He meticulously prepares for discovery disputes and has successfully compelled disclosures and discovery many times.
Bartolic Law successfully certified a class of hundreds of former employees of Northrop Grumman Corporation who were denied severance benefits due to Northrop’s choice not to deliver a memo of eligibility. The case turns on whether Northrop can simply decide whether to withhold the memo or not.
An executive with an employment agreement that provided severance in the event of termination brought a claim for breach of his employment agreement. When the employer removed to Federal Court and asserted ERISA preemption, Bartolic Law successfully demonstrated the lack of an ERISA-governed plan, allowing the matter to remand to state court where the employment lawyers could pursue much higher damages.
After a person suffered a traumatic head injury, personal injury lawyers pursued a high value claim, but the health benefit plan refused to cover medical expenses the personal injury lawyers needed to be incurred to properly demonstrate damages. They involved Bartolic Law to persuade the health plan its terms required paying the expenses, albeit subject to a lien.
Michael Bartolic consults other lawyers who find themselves in over their heads in ERISA litigation, and can evaluate the case for appeal. Bartolic Law has success in the Seventh Circuit Court of Appeals, and is astute at identifying good issues for appeal. Even if Bartolic Law did not handle the case at the district court, we can evaluate if we can turn the case around on appeal.
Most employer-sponsored benefit plans are covered by ERISA, except for government or church plans. Review your plan documents to confirm if ERISA applies.
Common claims include wrongful denial of benefits, breach of fiduciary duty, failure to provide plan information, and improper plan termination.
Yes, you can appeal a denial through the plan’s internal process and, if necessary, file a lawsuit under ERISA § 502(a).
The statute of limitations varies depending on the claim, but generally, it’s based on the plan’s terms or applicable state law. It’s important to act quickly.
Discovery is the process of gathering evidence, such as plan documents and communications, which is critical in proving claims or defending against them.
Damages typically include unpaid benefits, interest, attorney fees, and sometimes equitable relief like reinstatement of benefits.
ERISA cases are complex and often involve technical legal and procedural issues, so having an experienced attorney is highly recommended.
Bartolic Law has a proven track record of dedicated advocacy and in-depth knowledge of ERISA. We have successfully represented clients in ERISA cases, and we are dedicated advocates for our clients. We understand the challenges of ERISA law and will work tirelessly to help you achieve a favorable outcome in your case. Contact us today for a consultation to discuss your options.
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